The Court held that firefighters who voluntarily attended approved multi-day training courses and were placed on the special roster for the duration of those courses were not 'rostered off duty' within the meaning of sub-cl 16.10 of the Award, and therefore were not entitled to overtime. The Court found that cl 27 of the Award facilitated all forms of transfer (not just permanent transfers), and that the Award was not a code with respect to the employer's powers to deploy staff, following IR Secretary v FBEU [2020] NSWCA 46. The Court also held that the FBEU's application for declarations framed as requiring the respondent to pay overtime was problematic where it would effectively require payment of money barred by the s 369 six-year limitation period, though this issue was not resolved to finality given the substantive dismissal.
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